Portal Terms Of Use

These terms and conditions of use constitute a legal agreement (“Agreement”) between the individual or business using the platform (“Company”) and Platform (defined below). This Agreement governs Company’s use of the portal that Platform makes available to Company on its website(s) or through mobile applications (“Portal”).

By accessing or using the Portal, signing up for an account on the Portal, or indicating acceptance of these terms by such actions as checking a box or clicking a button labeled “Submit” or the like, Company acknowledges acceptance of this Agreement. If you are an individual agreeing to this Agreement on behalf of Company, you represent that you have the legal authority to bind such entity. YOU MAY NOT USE THIS PORTAL OR RELATED SERVICES IF YOU DO NOT AGREE TO THESE TERMS. PLEASE REVIEW THEM CAREFULLY.

ARBITRATION AGREEMENT: BE ADVISED, THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT (SEE SECTION 7 BELOW), WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE COMPANY TO SUBMIT CLAIMS AGAINST PLATFORM TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, COMPANY WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND REMEDIES AGAINST PLATFORM (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING).

Extensions” means certain functionalities and/or optional services that are accessible through the Portal but are provided separately from the core Services. Extensions may be provided or operated by Platform or its affiliates (“Platform Extensions”) or third parties (“Third Party Extensions”).

Platform” means the provider of the Portal, a Service, or a Platform Extension, as the case may be. The Platform will be listed below in this Agreement or otherwise identified on the documentation or website associated with the applicable Portal, Service, or Platform Extension. If the Platform is not elsewhere identified, then the Platform will be Network Merchants, Ltd if Company is located in the UK, and Network Merchants, LLC otherwise.

Third Party Services” means services, software, or hardware provided or operated by Third Party Providers that are not necessarily accessible directly through the Portal but may connect to, or operate or integrate with, the Services, such as via an application programming interface (“API”) or other means.

Third Party Providers” means Platform’s partners and service providers, and other third parties, that publish, control, provide, or are otherwise responsible for, Third Party Services and Third Party Extensions.

Services” means the Portal and the services provided by or through Platform that are accessible through the use of the Portal. The Services also include Platform Extensions (but not Third Party Extensions).

Electronic Communications; Counterparts. In addition to the notice provision set forth above, by using the Portal and Services, Company agrees that it may receive notifications from Platform electronically, including by email (to any email address that Platform has on file for Company), by the positing of such information on Company’s user account on the Portal, or through Platform’s other standard electronic communication channels. Company agrees that all agreements, notices, disclosures, and/or other communications that Platform provides to Company electronically satisfy any legal requirement that such communications be in writing (including but not limited to notices regarding changes to the Services or this Agreement). Company’s consent to receive records and notices electronically will remain in effect until Platform receives Company’s withdrawal of it in writing. Company may withdraw Company’s consent to receive further records and notices electronically at any time by contacting Platform. If Company withdraws its consent to receive such records and notices electronically, Platform may revoke Company’s access to the Portal or Services. Any withdrawal of Company’s consent to receive records and notices electronically will be effective only after Platform has a reasonable period of time to process Company’s request for withdrawal. This Agreement may be executed in any number of counterparts and each such executed counterpart will be deemed to be an original instrument, but all such executed counterparts together will constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the ESIGN Act of 2000), or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.